Business Law (sales) - Essay Example

fficers of the dealer to verify if what the salesman is saying is true and to assert his right properly, the employer Happy Harry must be presumed to know that because the case facts says: “ On August 29, 2002, Happy Harry notified Willie Rammit that his car had arrived that he could pick up the car whenever he wanted to but the sooner he did, the happier Harry would be.” This indicates prior knowledge on the part Harry to get Willie to get the car before August 30, the original delivery date; hence the employer could be faulted here for bad faith given what happened after wards.” B. Identify the legal theory on which Willie rely as the basis for his lawsuit, explain how the required elements of that theory apply to facts of Willie’s lawsuit.

Will Willie succeed in his lawsuit? The legal theory on which Willie rely as basis of lawsuit is contractual negligence. There was negligence on the part of the manufacturer by forcing the buyer, through the salesman, to bring home the car. Although the car was not as per customer’s requirement, it does not justify the seller to be negligent in the product it made to sell from the manufacturer. The case facts say that it was the car engine that caused the fire and more over, Willie could not come out from the car to save himself and that the car was also the immediate cause why Willie was not able to get away from danger even assuming that the fire was an accident.

The case facts are clear: “Willie left with the car and began driving to his home. Approximately thirty (30 minutes) while he was still driving home, the engine of the car caught fire and Willie was trapped inside the car because he could not get his seat belt unfastened due to the fact that the buckle was stuck and would not unlatch. As a result of being stuck in the belt, Willie was severely burned over seventy percent of his body. He was hospitalized with his burns for five (5) months.” For negligence to be used as basis of liability,